' Petitioner seeks post-arrest bail in case F.I.R. No,305 of 2001 dated 28-12-2001 registered under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with sections 388(c) and 201, P.P.C. At Police Station Kot Sultan, District Layyah.
2. Briefly, the facts of the case are that on the application of Allah Bakhsh and Allah Diwaya, residents of the same village, the afore-referred case was registered with the allegation that Mst.
Sughran Mai unmarried daughter of Muhammad Bakhsh alias Billa petitioner had illicit relations with Haji Muhammad as a result of which, she delivered an illegitimate child through Dr. Ghulam Nabi. The allegation against the petitioner is only this much that he destroyed the evidence of crime. He has been challaned alongwith co-accused under section 201, P.P.C. He was arrested on 28-12-2001. Co-accused Dr. Ghulam Nabi has been released on bail by the trial Court on the basis of affidavits submitted by the P.Ws. And the complainant, disowning the prosecution version.
3. Learned counsel for the petitioner contends that the petitioner is in jail since 28-12-2001; that the offence, alleged against the petitioner, does not fall within the prohibitory clause, that the trial has not commenced and its conclusion is likely to take considerably long period.
' Learned State Counsel has opposed the bail. Heard. Record perused.
' Admittedly, the petitioner is father of Mst. Sughran Mai who became pregnant as a result of illicit relations with Haji Muhammad. The role attributed to the petitioner is only that he helped in burial of newly born baby and thus caused disappearance of evidence of offence. No other allegation is made out against him. He has not been charged with any offence falling within the prohibitory clause. Trial of the case is only to take considerably long period. In these circumstances, the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the trial Court.